This application is for the expunction or sealing of non-judicial criminal history records by criminal justice agencies. Florida statutes and rules require that you obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) prior to requesting a court for an order to seal or expunge your non-judicial criminal history records, and that you provide the information required by this application process.
FILE Expungement Process: A Comprehensive Guide The FILE (Florida Department of Law Enforcement) expungement process refers to the legal procedure for sealing or erasing criminal records in the state of Florida. This process allows individuals with a criminal history to have their records concealed from public view, helping them regain their privacy and enhance their future prospects. The FILE expungement process involves several steps and requirements, ensuring a fair and thorough evaluation of the petitioner's eligibility. There are two main types of FILE expungement processes: 1. Regular Expungement: The regular expungement process entails sealing an individual's criminal record from public view. Completing this process helps to create a clean slate since potential employers, educational institutions, and the public cannot access the expunged record. To initiate the regular expungement process, an individual needs to file an application with the FILE and follow the necessary steps outlined below. 2. Juvenile Expungement: The second type of FILE expungement process is specifically designed for individuals who committed offenses as juveniles. Following the successful completion of this process, the juvenile offender's records are completely erased, providing them with a fresh start as they transition into adulthood. The process for juvenile expungement is similar to the regular expungement process but caters specifically to those who were minors at the time of their offense. The FILE Expungement Process — Step-by-Step: 1. Eligibility Evaluation: Before initiating the FILE expungement process, individuals must determine if they meet the specific eligibility criteria. Generally, non-violent misdemeanors, certain felonies, or cases that resulted in not guilty verdicts or dropped charges may be eligible for expungement. However, some offenses, such as sexual offenses or violent crimes, may not be eligible. 2. Obtain Case-Related Documents: To proceed with the expungement process, individuals must collect all case-related documents, including the arrest report, court disposition, and any other relevant paperwork associated with the case. These documents will be required when submitting the expungement application. 3. Filing the Application: The next step involves submitting a comprehensive expungement application to the FILE. This application should include personal information, details about the case, and supporting documents. Additionally, a processing fee is typically required at this stage. 4. Background Investigation: Once the application is received by the FILE, a thorough background investigation is conducted. This investigation involves reviewing the petition and verifying the information provided, including criminal history, court records, and law enforcement databases. This process may require several weeks or months to complete. 5. Review by Prosecuting Authorities: Following the background investigation, the FILE forwards the expungement application to the State Attorney's Office for thorough review. The prosecuting authorities assess the case and make recommendations based on their assessment of the petition. 6. Decision and Order: Once the review process concludes, the FILE makes a decision regarding the expungement request. If approved, the FILE issues an expungement order, which is then sent to the individual and all relevant agencies involved, instructing them to seal the criminal record. 7. Updating Relevant Agencies: Upon receiving the expungement order, the individual must update various government agencies and institutions (such as courts, probation offices, law enforcement agencies) to ensure the removal or closure of their records. It is important to follow up with these entities to ensure compliance with the order. Navigating the FILE expungement process can be complex, and legal advice from an attorney specializing in expungements is highly recommended. The expungement process may vary slightly depending on the type of offense, but the aforementioned steps provide a general overview applicable to both regular and juvenile expungements.
